City of Yakima
News Release
Subject: Contact: Dismissal of Case against City and Police Officers City Manager Dick Zais – 575-6040 Senior Assistant City Attorney Helen Harvey – 575-6030 Release Date: Thursday, February 14, 2008
Case against the City and Police Officers Dismissed – City and Officers Pay Nothing Toward Settlement
The lawsuit that was filed by plaintiffs Joel and Cheryl Richards against the City of Yakima and four officers has been settled, and the case will be dismissed “with prejudice” -- meaning the plaintiffs’ claims are being dismissed and the plaintiffs cannot refile the suit. A trial had been scheduled for May 19, 2008. The Court file has already been closed in the case of Joel A. and Cheryl R. Richards v. City of Yakima, et al., USDC Cause No. CV-06-3064-EFS. The suit arose out of a Planned Parenthood fundraising event on July 23, 2005, during which part of Front Street was closed for a street dance. At Planned Parenthood’s request, three off-duty Yakima Police officers were working at the Planned Parenthood event to provide security. The lawsuit arose out of an incident in which Mr. Richards was arrested for assaulting a police officer by striking him in the chest. Other police officers responded to the scene. This case was settled in mediation by Planned Parenthood’s insurance company, Ace American Insurance Company, which decided to pay $300,000 to resolve the litigation. The City of Yakima and the officers contributed no money to the settlement, which was wholly funded by ACE Insurance, or to the cost to defend the case, which was paid entirely by ACE Insurance and Planned Parenthood. On February 12, 2008, plaintiffs Joel and Cheryl Richards signed a Release and Settlement Agreement releasing all their claims in the lawsuit. In summary: The City of Yakima and the officers are not paying any money to the plaintiffs or to their attorney in this settlement. The costs of the settlement were wholly funded by ACE Insurance, which is Planned Parenthood’s insurance company. The cost to defend the case also was paid entirely by ACE Insurance and Planned Parenthood, and not by the City of Yakima. ACE Insurance will not be seeking any contribution for the cost of settlement or defense from the City. The City and the officers were prepared and willing to fully defend the case through trial. ACE Insurance, which is Planned Parenthood’s insurance company, made a business decision to settle the case in order to bring finality to the matter, which it had an exclusive right to do under the insurance policy. - end -